Can you record a phone call in Michigan?
Get everyone's consent before you record. Michigan's eavesdropping law says all parties must consent. Courts have let a participant record without it, but the Michigan Supreme Court has not ruled, so this page uses the stricter reading.
- Phone calls
- Michigan's eavesdropping law (MCL 750.539c) makes it a felony to use a device to eavesdrop on a private conversation without the consent of all parties, whether you are present or not. Eavesdrop means overhearing or recording the private discourse of others. In Sullivan v. Gray (1982) the Michigan Court of Appeals held that a participant is not eavesdropping, and federal courts follow that reading.
- Business calls
- Announce the recording at the start of every call and get agreement; that satisfies both readings of the law. Do not hide recording devices in private places, which is a separate felony.
- What counts as consent
- Consent of all parties is the safe standard. Announce the recording at the start; agreement, or the person staying on the line after a clear warning, is the usual way to show consent. A recorded yes is the strongest proof.
- Penalties
- Eavesdropping is a felony: up to 2 years in prison, a fine up to $2,000, or both. Victims can get a court order to stop it and sue for actual and punitive damages.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- Courts let a participant record: the Michigan Court of Appeals in Sullivan v. Gray (1982), and the federal appeals court covering Michigan in Fisher v. Perron (2022). The law's text still says all parties must consent.
- A federal trial court read the law as all-party in 2019, then reversed itself in 2021 (AFT Michigan v. Project Veritas). The Michigan Supreme Court declined to answer the question in May 2021.
- No Michigan Supreme Court ruling was found, so this page uses the stricter all-party reading. Talk in public places, where no one expects privacy, falls outside the law.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- MCL 750.539c, Eavesdropping upon private conversation (Michigan Legislature)statute
- MCL 750.539a, Definitions (FindLaw)guide
- Fisher v. Perron, 30 F.4th 289 (6th Cir. 2022)court
- AFT Michigan v. Project Veritas, order of Nov. 8, 2021 (E.D. Mich., GovInfo)court
- RCFP Reporter's Recording Guide: Michiganguide
Other states
More free tools
Questions
Is Michigan a one-party consent state?
No. Get everyone's consent before you record. Michigan's eavesdropping law says all parties must consent. Courts have let a participant record without it, but the Michigan Supreme Court has not ruled, so this page uses the stricter reading.
Can a business record calls in Michigan?
Announce the recording at the start of every call and get agreement; that satisfies both readings of the law. Do not hide recording devices in private places, which is a separate felony.
What counts as consent in Michigan?
Consent of all parties is the safe standard. Announce the recording at the start; agreement, or the person staying on the line after a clear warning, is the usual way to show consent. A recorded yes is the strongest proof.
What happens if you record a call illegally in Michigan?
Eavesdropping is a felony: up to 2 years in prison, a fine up to $2,000, or both. Victims can get a court order to stop it and sue for actual and punitive damages.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
